Is there any way my husband can find out that I had sponsored my mother? 8 Answers as of January 20, 2011

I am a 20 year old US Born Citizen, and I am living with my mother who is illegal. I plan to sponsor her next year when I turn 21. I am a college student and I am working part time as well and filing my taxes. The guy I am engaged to does not know my mother is illegal. My question: after we get married, is there any way of my fiance knowing or finding out that I had sponsored my mother? We plan to file our taxes together after we get married in 2-3 yrs)?

Only if when you file for her and your taxes are joint and he might have to sign the affidavit of support. However, if your income is sufficient on it's own to qualify then he would not have to sign and would probably not know what you did save the Immigration mail that would come to the house.

It will be very difficult to conceal, from your husband, the fact that you filed a petition to sponsor your mother's immigration. Nobody at USCIS will inform him, but you should inform him at least a few months before you get married.

You will promise the US government, on your affidavit of support, that your mother will not be a public charge. There may be a time after you get married when your mother has to rely on you to support her. If you have to support your mother, your husband will be sharing that duty because your incomes will be pooled. Your fiance should be informed of this important obligation.

Your question is a moral question as well as a legal question. Under the law, spouses have a fiduciary (trust) duty to each other. Withholding information from one who has a right to know is a lie of omission. Trust is built on the truth. Lies break trust. If you do not understand this, then you are not mature enough to be getting married.

The story doesn't say whether you are already living with your fiance, or whether you will move in with him after the marriage or earlier. IF he lives with you during the time you are filing for your mom, be aware that the I-130 receipt notice and I-130 approval notice will come to your home. You must make an affidavit of support for your mom, and show your tax return. If you are married with him at the moment of providing the affidavit of support, his financial information and documents will need to be included in the paperwork, unless your income is sufficient. (I have concern because you stated you are a student). IF you do not live with him during the process, he might not find out. However, I am a little puzzled...What's so wrong with helping your mother? Your fiance should admire you for this.

If you plan to file for your mother next year, you will be required to submit an affidavit of support. If your income in sufficient you would not need to include your spouse. You advise that your marriage would take place in 2-3 years. The only time the Affidavit will be needed is upon filing the Application for Adjustment of Status, i.e. Upon turning 21. Please note Affidavits are generally valid for 10 years, but the matters are generally confidential. I would advise however to start that marriage fully disclosing everything and if your fiance can't understand you wanting to petition for your mother, then maybe you need to consider marrying him. Just saying!

Not unless you or your mother tell him, or he discovers copies of paperwork or mail sent to your home which relates to your mother's immigration process, but if you aren't marrying him for three years, your mother should have her green card well in advance of that time, assuming she made a legal entry into the US and you file for her within the next year. Typically it only takes about 6 months to process a case for a parent, assuming that she has not grounds or basis for being disqualified. You may need a back up financial sponsor if you don't make enough money, which could add another person who would need to keep your little secret.

From a strict immigration standpoint there is no requirement for your future husband to sign or otherwise participate in your petition for your mother. However, my humble opinion would be that you should tell your spouse about those rather important details that could potentially affect your joint lives together in the future.

Aside from answering your direct question, I would also like to point out that your mother must have entered the US legally (i.e. have been inspected and admitted by immigration) at some point in the past, and needs to be able to prove that is still here pursuant to such lawful admission (even if she overstayed and is, therefore, now illegally here), if you want to "sponsor" her for a green card next year. I would always recommend that you consult with an immigration lawyer concerning your mother's situation.

When you file to sponsor your husband one of the questions on the I-864 is if you have sponsored anyone else -he may or may not figure out what this means since you have to list her then. Bigger question though is if you are going into a lifelong relationship with him, don't you want to be able to trust him with anything in your life including your Mom's status?

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